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Buffalo Burger Terms & Conditions:

Terms and Conditions for Buffalo Burger Online Services ([Egypt])

Last updated: November 2020

IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS (“TERMS”). THEY CONTAIN LIMITATIONS ON BUFFALO BURGER’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with Saal Invest Company (“Buffalo Burger”, “we”, “our” or “us”) in Egypt, which it controls and operates from its headquarters at 60 Abdullah El Araby St., Nasr City, Cairo, Egypt. And which is a developmental licensee of Buffalo Burger Corporation.

You should also review our Privacy Statement which describes how we collect, use and share information.

By accepting these terms, you understand and agree that, as stated in Section 7, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings. It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.

The online services are not intended to be used by, or targeted to, anyone under the age of 16. You must be at least 16 years old to use the online services. If you are at least 16 but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.

If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that Buffalo Burger close any online services account that you have created. You can request account deletion by sending an email to [ [email protected]], please include the email address of the account that you want deleted.

About the online services.

Availability of products and services. Buffalo Burger products and services are available in many parts of the world. However, the online services may describe products and services that are not available worldwide.

Obey the rules of the road. Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. YOU MUST NOT USE THE ONLINE SERVICES WHILST DRIVING OR WHILST BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.

You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. Buffalo Burger does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.

Buffalo Burger right to update or terminate the online services. You understand and consent that (with or without notice) Buffalo Burger may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any Buffalo Burger mobile app that you have installed on your device.

Updates to these terms. Buffalo Burger may also update these terms at any time and at its sole discretion. If Buffalo Burger makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Buffalo Burger close any online services account that you have created. To close your account, you can email us at [[email protected]].

Links to job opportunities from the online services. Buffalo Burger and all restaurants are equal opportunity employers committed to diverse workforces. The online services may provide links to job opportunities posted by Buffalo Burger or by restaurants. These opportunities are with the Buffalo Burger parent company: Saal Invest. This means that the restaurant that posted the opportunity is alone responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business. Neither Buffalo Burger nor its parent company receives a copy of any application you submit to a restaurant that is a franchisee, neither controls whether you receive an interview or are hired, and neither controls franchisees’ employment policies and practices. Neither Buffalo Burger nor its parent company employs independent franchisees. If you are hired by a restaurant that is a franchisee, only that franchisee, and not Buffalo Burger or its parent company (Buffalo Burger Corporation), will be your employer.

How to contact us. If you have any questions or comments regarding the online services, please see the Contact Us section in the online services or you can always email us at: [[email protected]].

Our information practices and communications with you.

Buffalo Burger Privacy Statement. The Buffalo Burger Privacy Statement {https://www.thebuffaloburger.com/PrivacyPolicy} describes our information practices, including how we collect, use and share information.

How we communicate with you. Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from Buffalo Burger. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from Buffalo Burger. Buffalo Burger may use the information you have provided to us to communicate with you in accordance with Buffalo Burger Privacy Statement {https://www.thebuffaloburger.com/PrivacyPolicy}.

Opting out of communications generally. You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. Whilst we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account. Lastly, please note that if you are receiving communications from a Buffalo Burger franchisee, then you will need to opt out from them directly.

[Additional information on text messages. When you opt in to any of our text message programs, you understand and consent that you will receive text messages from an automated system. You further understand that your consent is not required to make any purchase. If you wish to withdraw your consent and unsubscribe, please email us at: [[email protected]].

Offers and Loyalty Programme

These terms describe the Buffalo Burger Rewards Loyalty programs

Eligibility and enrolment. In order to enroll in Buffalo Burger’s Loyalty program, you must register an account to use the online services.

Offers You have the possibility of receiving offers through the online services. The following general terms apply to the offers: (1) the offer may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date; (2) serving times apply (e.g., certain non-breakfast offers may not be available at breakfast serving times); (3) unless otherwise stated each offer expires on redemption; (4) offers are not transferable; and (5) there is no cash alternative. In addition, there may be specific terms that apply to the offer which are stated on the app next to the offer.

Bonus campaigns or promotions. From time to time, Buffalo Burger may offer bonus campaigns or points accelerators that allow you to earn points in new and different ways. Further information regarding any bonus campaign or promotions shall be made available in the context of such campaign or promotion.

Suspicious Activity

Buffalo Burger is entitled to take any action it considers appropriate, including removing or suspending your account and points accrued if we detect any suspicious activity concerning your account including but not limited to:

Eligibility and enrolment. In order to enroll in Buffalo Burger’s Loyalty program, you must register an account to use the online services.

Offers You have the possibility of receiving offers through the online services. The following general terms apply to the offers: (1) the offer may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date; (2) serving times apply (e.g., certain non-breakfast offers may not be available at breakfast serving times); (3) unless otherwise stated each offer expires on redemption; (4) offers are not transferable; and (5) there is no cash alternative. In addition, there may be specific terms that apply to the offer which are stated on the app next to the offer.

Bonus campaigns or promotions. From time to time, Buffalo Burger may offer bonus campaigns or points accelerators that allow you to earn points in new and different ways. Further information regarding any bonus campaign or promotions shall be made available in the context of such campaign or promotion.

Ownership and Licenses for the online services.

Buffalo Burger intellectual property ownership. Any and all rights in the online services are and shall remain the exclusive property of Buffalo Burger or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Saal Invest’s rights.

Your license to use the online services. Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. Buffalo Burger reserves all other rights.

Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Buffalo Burger or licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

Bonus campaigns or promotions. From time to time, Buffalo Burger may offer bonus campaigns or points accelerators that allow you to earn points in new and different ways. Further information regarding any bonus campaign or promotions shall be made available in the context of such campaign or promotion.

User submissions and unsolicited ideas

User submissions and unsolicited ideas

User submissions. Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Buffalo Burger through the online services (together, “submissions”). You understand that by submitting any information to Buffalo Burger through the online services, you grant Buffalo Burger a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Buffalo Burger will not be required to treat any submissions as confidential.

Unsolicited ideas. It is Buffalo Burger policy not to consider unsolicited ideas. While we appreciate you taking the time to consider Buffalo Burger, we’re unable to review new ideas from outside the Saal Invest team. You expressly waive any and all claims against Buffalo Burger and Saal Invest in connection with Buffalo Burger consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future.

Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Buffalo Burger or licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

Bonus campaigns or promotions. From time to time, Buffalo Burger may offer bonus campaigns or points accelerators that allow you to earn points in new and different ways. Further information regarding any bonus campaign or promotions shall be made available in the context of such campaign or promotion.

User submissions and unsolicited ideas

Acceptable uses and restrictions for the online services.

Acceptable uses and other restrictions. With respect to the online services (which includes content), you may not, and may not allow third parties, to:

a) Use the online services for any purpose that is unlawful or prohibited by these terms;

b) Delete or change any copyright, trademark, or other proprietary notices;

c) Attempt to obtain ownership or title to the online services, including the content;

d) Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;

e) Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;

f) Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;

g) Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations of the Arab Republic of Egypt.

h) Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;

i) Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, Buffalo Burger network or any user accounts associated with the online services.

Limitations on liability and disclaimers.

Limitations on Buffalo Burger liability. BUFFALO BURGER OR ANY OTHER MEMBERS OF THE SAAL INVEST TEAM SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT Buffalo Burger LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY Buffalo Burger OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW. Saal Invest reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.

Buffalo Burger provides the online services “AS-IS” and without any warranties. The online services may include inaccuracies or errors. BUFFALO BURGER PROVIDES THE ONLINE SERVICES "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. BUFFALO BURGER DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUFFALO BURGER DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST BUFFALO BURGER [AND ALL OTHER MEMBERS OF THE SAAL INVEST TEAM] FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Third party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Buffalo Burger does not endorse and is not associated with any of these third-party services. BUFFALO BURGER HAS [AND ALL OTHER MEMBERS OF THE SAAL INVEST TEAM HAVE] NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD-PARTY SERVICES.

Events beyond our control. BUFFALO BURGER HAS [AND OTHER MEMBERS OF THE SAAL INVEST TEAM HAVE] NO RESPONSIBILITY FOR BUFFALO BURGER’S FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS CAUSED BY OR RELATED TO ANY EVENT BEYOND BUFFALO BURGER’S REASONABLE CONTROL. If such an event occurs, then Buffalo Burger obligations under these terms will be suspended for the duration of the event; and Buffalo Burger may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

In the event of a dispute, the following provisions will apply:

The seat and place of the arbitration shall be the Arab Republic of Egypt.

The language of the proceedings and award shall be in Arabic.

The arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services

The arbitration award shall be final and binding on both parties and not subject to any appeal.

No claims shall be arbitrated on a class or representative basis as you and Buffalo Burger hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and Buffalo Burger; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Buffalo Burger under this provision;

You and Buffalo Burger empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable;

With the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) above is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Buffalo Burger nor you shall be entitled to arbitrate their dispute. In such event, you agree to bring any and all claims arising out of or related to these terms or the online services in the courts of Arab Republic of Egypt Further, BOTH YOU AND BUFFALO BURGER AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. Finally, this arbitration provision is reciprocally binding on all parties, such that both you and Buffalo Burger are required to arbitrate their claims against one another

The award shall include the reasonable cost and expenses of the prevailing party incurred in participating in the arbitration including reasonable cost of legal representation.

Judgement upon the award rendered may be executed by the relevant court of the Arab Republic of Egypt having jurisdiction or application may be made to such court for judicial recognition or enforcement of the award as the case may be.

Apple Applications

These terms incorporate and supplement the Apple, Inc. (“Apple”) terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including the Licensed Application End User terms therein (“Apple terms”). If you are using the online services through Apple application (“Apple Application”), you also acknowledge and agree:

•  Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact Buffalo Burger, not Apple, using the above Support Services details;

•  except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and Buffalo Burger (and not between you, or anyone else, and Apple); and

•  in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;

If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple terms and conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.

Miscellaneous.

Buffalo Burger makes no representation that the online services are appropriate or available outside of Egypt. If you use the online services from other locations you are responsible for compliance with applicable local laws.

These terms will be governed and interpreted pursuant to the laws of Egypt, notwithstanding any principles of conflicts of law.

Although these terms govern the online services as between Buffalo Burger and you only (and although Apple is not a party to [, and no other members of the Saal Invest team are parties to, ] these terms), Apple [and other members of the Saal Invest team] are third party beneficiaries under these terms and will have the right to enforce against you those rights that Buffalo Burger holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.

The terms are written in English and Arabic. Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English version controls.

Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.

If Buffalo Burger fails to insist that you perform any of your obligations under these terms, or if Buffalo Burger does not enforce its rights against you, or delays in doing so, that will not mean that Buffalo Burger has waived its rights against you and will not mean that you do not have to comply with those obligations.

Buffalo Burger may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if Buffalo Burger agrees in writing.

On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all of rights of Buffalo Burger and other Members of the Buffalo Burger System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well all restrictions on use, all limitations on liability and disclaimers, and all of Section 9 (“How we settle disputes”).

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